Thursday, June 5, 2014

Loser-Pays Costs Regime in Estate Litigation

Feinstein v. Freedman, 2014 ONCA 446:

[13]The loser-pays regime generally applies to estate litigation, such that successful parties are entitled to have their reasonable costs paid by the unsuccessful parties and that costs are usually only payable from an estate where the litigation arose out of the actions of the testator or was reasonably necessary to ensure the proper administration of the estate: McDougald Estate v. Gooderham, [2005] O.J. No. 2432 (C.A.), at paras. 78, 80, 85, 91; and Vance Estate v. Vance Estate, 2010 ONSC 4944, at para. 4.